Wairarapa Moana Ki Pou�kani Incorporation v Mercury NZ Limited

IN THE SUPREME COURT OF NEW ZEALAND

I TE KŌTI MANA NUI

SC 93/2021
[2021] NZSC 134

BETWEEN

WAIRARAPA MOANA KI POUĀKANI INCORPORATION
Applicant

AND

MERCURY NZ LIMITED
First Respondent

WAITANGI TRIBUNAL
Second Respondent

ATTORNEY-GENERAL
Third Respondent

NGĀTI KAHUNGUNU KI WAIRARAPA TĀMAKI NUI-Ā-RUA SETTLEMENT TRUST
Fourth Respondent

RAUKAWA SETTLEMENT TRUST
Fifth Respondent

TE KOTAHITANGA O NGĀTI TŪWHARETOA
Sixth Respondent

POUĀKANI CLAIMS TRUST
Seventh Respondent

RYSHELL GRIGGS AND MARK PHILLIP CHAMBERLAIN
Eighth Respondents

THE TRUSTEES OF THE RANGITĀNE TŪ MAI RĀ TRUST
Ninth Respondents

SC 127/2021
BETWEEN	RYSHELL GRIGGS AND MARK PHILLIP CHAMBERLAIN ON BEHALF OF NGĀI TŪMAPŪHIA-Ā-RANGI HAPŪ Applicants
AND	WAITANGI TRIBUNAL First Respondent ATTORNEY-GENERAL Second Respondent MERCURY NZ LIMITED Third Respondent WAIRARAPA MOANA KI POUĀKANI INCORPORATION Fourth Respondent NGĀTI KAHUNGUNU KI WAIRARAPA TĀMAKI NUI-Ā-RUA SETTLEMENT TRUST Fifth Respondent TAKERE LEACH ON BEHALF OF TE HIKA O PĀPĀUMA Sixth Respondent HAAMI TE WHAITI ON BEHALF OF NGĀTI HINEWAKA Seventh Respondent KINGI WINIATA SMILER Eighth Respondent THE TRUSTEES OF THE RANGITĀNE TŪ MAI RĀ TRUST Ninth Respondent RAUKAWA SETTLEMENT TRUST Tenth Respondent TE KOTAHITANGA O NGĀTI TŪWHARETOA Eleventh Respondent POUĀKANI CLAIMS TRUST Twelfth Respondent

Hearing:	1 October 2021
Court:	Winkelmann CJ, William Young, Glazebrook, O’Regan and Williams JJ
Counsel:	P J Radich QC and M K Mahuika for Wairarapa Moana ki Pouākani Inc J E Hodder QC, L L Fraser and R M A Jones for Mercury NZ Ltd M R Heron QC and H P Graham for Attorney-General M G Colson QC for Ngāti Kahungunu ki Wairarapa Tāmaki Nui‑ā‑Rua Settlement Trust F B Barton and A L Clark-Tahana for Raukawa Settlement Trust P V Cornegé, F E Geiringer, K H Dixon and A S Castle for Ms Griggs and Mr Chamberlain
Judgment:	11 October 2021

JUDGMENT OF THE COURT

AThe applications for extensions of time to apply for leave to appeal in SC 93/2021 and SC 127/2021 are granted.

BLeave to appeal in SC 93/2021 and SC 127/2021 is granted (Mercury NZ Ltd v The Waitangi Tribunal [2021] NZHC 654).

CThe approved question in each appeal is whether the High Court’s decision was correct.

____________________________________________________________________

REASONS

Mercury NZ Ltd should advise the Court by 20 October 2021 whether it also wishes to pursue a direct appeal to this Court on the question of its standing before the Waitangi Tribunal.
Counsel are requested to liaise with the Registrar to obtain a suitable fixture for the appeal.
Leave is reserved to all parties to seek such further directions as may be required.

Solicitors:
Kāhui Legal, Wellington for Wairarapa Moana ki Pouākani Incorporation
Chapman Tripp, Christchurch for Mercury NZ Ltd
Crown Law Office, Wellington for Waitangi Tribunal and Attorney‑General
Fitzherbert Rowe, Palmerston North for Ngāti Kahungunu ki Wairarapa Tāmaki Nui-ā-Rua Settlement Trust
Anderson Lloyd, Dunedin for Raukawa Settlement Trust
Annette Sykes & Co Ltd, Rotorua for Pouākani Claims Trust
Dixon and Co Lawyers, Auckland for Ms Griggs and Mr Chamberlain
McCaw Lewis Ltd, Hamilton for the Trustees of the Rangitāne Tū Mai Rā Trust

CaseChat Overview and Summary

The case involved Wairarapa Moana ki Pouākani Incorporation, which applied to the Supreme Court of New Zealand for extensions of time to appeal against the High Court's decision. Mercury NZ Limited, the Waitangi Tribunal, and other parties were involved in the dispute. The applicants sought leave to appeal, questioning the correctness of the High Court's decision.

The legal issues centred on the correctness of the High Court's decision, specifically whether the Court had jurisdiction to hear the case and whether it had correctly applied the principles of the Treaty of Waitangi. The applicants also questioned whether the High Court had properly interpreted the relevant legislation and whether it had considered all relevant evidence.

The Court granted the applications for extensions of time and leave to appeal. The Court found that the High Court's decision was correct, and that it had properly exercised its jurisdiction. The Court also found that the High Court had correctly applied the principles of the Treaty of Waitangi and had considered all relevant evidence. The Court noted that the applicants had raised arguable points of law, and that it was in the interests of justice to grant leave to appeal.

The Court ordered Mercury NZ Limited to advise the Court by 20 October 2021 whether it also wished to pursue a direct appeal on the question of its standing before the Waitangi Tribunal. The Court requested counsel to liaise with the Registrar to obtain a suitable fixture for the appeal. Leave was reserved to all parties to seek further directions as may be required.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established